Legal Question in Family Law in Minnesota
Issues w/ property settlement/quit claim deed
My wife and I got separated about 2 years ago, at which time, I refinanced the house and gave her a portion of the equity, which she used to buy a new home. There was a separation document that stated the agreement for signing a quit claim deed when the divorce was final or that document would serve as the quit claim deed. This agreement also stated the value of the home, the amount of her equity, etc. It was signed and stamped by a notary public from the office who drew the paper. My wife was supposed to file that document. I do not have a certified copy with me, only a regular copy that she made which seems to be missing information. Now, we are going through the divorce process and she wants the house. Since she didn't file the paper in court or anywhere else and claims she cannot find the original, refuses to cooperate in any way, and wants the house, I am left only with her word against mine. Is there something I can do in this situation?
1 Answer from Attorneys
Re: Issues w/ property settlement/quit claim deed
Thank you for your inquiry. I would first inquire of you whether a divorce action has been filed, if so, which county, and has a judge been assigned? Does your wife have an attorney? If so, who is her attorney. While answers to these questions will not necessarily change what your rights are, they will assist me in analyzing how potentially to resolve the issue.
As for your question, I would think that the title company which handled the closing would at least have a copy of the quitclaim deed. However, since you are still married and were married at the time the quitclaim deed were signed, BOTH houses are technically still considered marital property and fair game for the divorce. What can be done to protect your interest as discussed in your email depends on other facts specific to your case. If you would like to discuss this matter further, please email me to set up a time to meet here in my office. I will be happy to speak with you and extend a free one-half hour initial consultation. I'll look forward to hearing from you.
Dan Van Loh
Ramsay & DeVore, P.A.
Rosedale Towers
1700 West Highway 36, Suite 450
Roseville, MN 55113
(on behalf of Charles Ramsay)
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